Loading...
1531 (1) THAT this Council hereby grant, Confer and ,;;amre unto " extend, hereby enact as follows: premises anp. of the pewers in them vested and so far as such powers COUNTY OF ELGIN duly NOW THEREFORE THE consti tutedand assembled COUNCIL OF THE CORPORATION 0 F THE in pursuance of the set forth; to extend and confirm the said By-law as herein more particularly ation on the 23rd day of Xanuary, 1948 as #1519, and it is desired AND WHEREAS similar by-law was pass,ed by the said 1,;01'1'01'- out in Schedule 1IA11 hereto annexed; ject to the terms, condi tions, a greemen ts and regulations as set lands owned by the said Corporation, .as hereinàfter mentioned, sub- other similar products along, under, in or upon such highways or condui ts for tr an smi tting gasoline, oil, antifreeze, brine or said Corporation for the right to lay, use and maintain pipes or as <'>ounty roads or highways, and the Gompany have applied to the after mentioned are vested in the ûorporation of the Gounty of Elgin Companies AND Act WHEREAS it appears and other company duly incorporated Acts relating thereto; tha t the li.ghways and land herein- the 11 C ",,.,,,11 omp_.., WHEREAS Sun Oil Company Limi~d, , is a under lhe hereinafter called Granting certain privileges to Sun Company Limited. BY-LAW NO.. 1551 Oil I I OF ELGIN THE CORPORATIONœ THE COUNTY -2- Sun Oil Company Limited, its successors and assigns, all right, power, authority, permission and consent to lay, use and maintain pipes or conduits for tra~smitt1ng gasoline, oil, antifreeze, brine or other similar products .from Port Stanley Har.bøur and/o r Kettle Creek to Warren.Str!fJet, Port Stanley, and for the purpose aforesaid to use and occupy any highway or land now or hereafter vested in 0 r controlled by the said Corporation, .and to lay, use and maintain pipes or conduits for transmitting gasoline, oil., antifreeze, brine I or other similar prødúcts along, under, in or upoh such highways or lands owned by the said Corporation, subject to the conditions, regulations and stipulations set out and contained in Schedule 1!1A1I1 hereto annexed. (2) THAT the Wardell·and the Clerk are hereby authorized and directed to execute this By-law and the agreement to be .prepared in pursuance thereof, and to attach the Seal of the Corporation thereto. (3) THIS By-law is subject to all statutes, orders and rules made or to be made lawfullyconsti tu ted having jurisdiction in the premises. (4) THE word iI1highway1' in this By-1åw shall include streets and bridges forming part of the highways, upon, on, over or across which the highway passes. READ a first time th:ils 16th day C£ June, 1948 READ a second time this 16th day of June, 1948 READ a third time and finally passed this 16th day of June, 1948 ëi~¡ 4. . . . . . . . . . . . . . . . . . . . ..þ ~ . . . þ . . 0 . ~ . . . . . . . . . . . Wa 1'1 ...,._.^.~-'" , !i w~ , '1/ ':r¡" SCHEDULE "fjA!! To .By-law No. 1531 of the Corporation of the County of EJgLn, referred to in the said By-law hereto annexed. CONDITIONS (1) In laying, using and maintaining .pipes or conduits for transmitting gasoline, oil, antifree:ze, brine or other similar products, referred to in the said annexed By-law, along said County highways and land from time to time, the Company shall, hwherever practicable, use for that purpose the Fart of the highways and land adjacent to the fence lines or outer boundary thereof, ~nd the Gompany shall bury the same and restore the highways and land to first-class condition, and the said pipes shall be so buried and th highways and land so restored unless where the County Engineer. of the said County of Elgin or 0 ther person appointed by the .said ~ounty directs otherwise. (:2) In the laying, uSing and maintenance of the said system the Company. shall use due care and diligence so that traffic shall not be impeded or interfered with any more than is necessary for the laying, using and maintenance of the said pipes or conduits and so that after the said pipes or conduits have been laid and completed there shall be no obstruction to or interference with call lawful traffic and user on., over and along the highway or land or to the ditches or drains thereon now or hereafter constructèd, im- proved or maintained. And where any drains or ditches are con- sidered or made necessary by reason of any work done or omitted to be done by the ~ompany, the same shall be constructed and maintaine in good order by the said Company to the satisfaction of said COUll Engineer or other person appointed by the Council during the con- tinuance of this franchise. (:3) The said Company shall be liable for any loss or injury that any person may sustain by reason of the exercise by the Gompa . of any powers or right's under said By-law whether arising through any carelessness, neglect, default or miscon4uct or otherwise of -2- its agents, servants or employees in the management, construction, maintenance, laying or use of its pipes or conduits, and the said vompany shall indemnify, save and keep. harmless the said. Corporatio of the \òotmty of Elgin from any damage, claim or demand that may be , claimed by property holders or any person or persons on account of the laying of its pipes or conduits incidental thereto or the use thereof, and shall indemnify the said Corporation against all loss, costs, damages and expenses the Corporation may pay, incur or be pu to by reason of any claims, damages or injury resulting from or occasioned by, or in conse~uence of the construction, laying, con- di tion or operatioJ;lof said pipes or conduits or incidental thereto provided, however, that the Company shall. have reasonable notice .an an øpportunity to defend. (4) ~he rights conferred upon the said Company by the said ~y-law and the Agreement to be executed in pursuance there,of, shall be subject to the right to the free use of the said highways and land by all persons entitled thereto and subject to the rights of the owners of properties. adjoining the said highways and land of full access to and from such highways, and land, and of constructin¡ cross ings and approaches from their properties thereto, and shall 1 sub'.þct also to the rights and privileges which the said Corporatiøn may grant to any other companies or ¡¡ersons to lay pipes, erect pol' string any kind of wires for any purpose, or construct railways on said highways, or to otherwise lawfully use the same, all of which rights are expressly reserved; and the Company shall lower or moye their pipes wherever the County may hereafter deem necessary for any such purposes, but any such right hereafter granted shall be subject thereto, and to all rights owned by the Company prior to the passing of this .t!y-law. (5) The rights conferred on the said Company by the said By-law and the agreement to be executed in pursuance thereof shall likewise be subject to the right of the Corporation to require the vompany to vary the position of .any pipes. or conduits at any time, at the sole cost and expense of the said Company upon thirty day.s' -3- , notice in writing by the 0orporation. ! I (6) All work done in pursuance of the said By-law shall be ; , subject to the approval, sanction and direction of the said ~ounty i " " !; Engineer for the time being of the said ~orporation 0 r other person ! :1 appointed by the l;ouncil of said County, who shall have full power Ii , ii II and authority to give such directions and orders to the Company ! I, I' as to location upon the highways or land of the said pipes or con- " 'I I, ;1 II dui ts and the manner of 1aying the same, or where such ]1xi.pes or conduits shall be buried or otherwise howsoever, as in his judgment shall be considered best in the interests of the said (;orporation; , II all such directions shall be in writing, and the said,~ompany shall ,I ! i be obliged to follow such directions or orders as may be given as , , I, aforesaid, and the remuneration and expenses of the (;ounty ~ngineer n or other person so appointed during the time he may be so employed " !¡I and the expenses connected with this By-law and the said Agreement shall be defrayed by the said (;ompany and before commencing any sue , work a plan or sketch thereof shall be depos:itedby the l;ompany with the ~ngineer of the said l;ounty. (7) The Company shall wi thin thirty days of the Completion r of the work file with the .!j;ngineer of the said (;ounty ,and the ,¡ II Clerk of' the said County a detailed plan showing the flnal and ex- .1 act location of all pipes or condui tsandall ,connections and i 'I ;:..',", attachments incidental thereto, and the depth same are laid out in I the ground, and in the event of the changing of position 0 f any of ; said pipes or conduits, attachments or connections, a revised plan I' shall be filed in a like manner with the said l!:ngineer ,and the said I' 1 I,: ~lerk, within thirty days of the said change. " ¡Iii (8) Within sixty days after the passing of this By-law ,a , , formal agr'eement in duplicate shall be prepared in pursuance hereof between the said Company and the said County {;orporation, and sll:all be executed in due form by both parties 'thereto, whereby the said (;ompany shall bind itself, its successors and assigns, duly to carry out, observe and perform the conditions herein contained, and the said Corporation shall agree on its part to observe and perform ~'¡ "---,.c,,-,"_.~_,.._ ~" ".' "', L- '" :~ Ilil r; II I! I I r "l ) -4- the said B,y-law and the said conditions so far as they relate to them, and one of such duplicate agreements duly executed as aforesai shall be deposi ted with the Clerk of the voun ty, and the other shall be given to the said Company, and from that time this By-law and the said Agreement shall be binding upon the said Company and the said Corporation. 1.9) The Company shall use·à.II practical ,and proper means at all times to prevent the escape and leakage of gasoline, oil, anti- freeze, brine or other similar products, from its mains and pipes or conduits, and the causing of any damage or injury thereby to any person or property and the Company shall make good to the vorporatio and all persons affected, all damage which they may be caused by the works or operations of the Company or by reason of any leakage from the pipes. (10) Where there is default by the Company with respect to any matter mentioned herein, .the Corporation shall have power and authority to do any. act or perform any service necessary to remedy such default, including any act or service to maintain, repair, remove or otherwise deal with thep,ipe lines or conduits, and the (;ompany shall reimburse the Corporation and payallœsts and ex- penses the Corporation may incur or be put. to by reason ther.aof, whether or not notice of such default has been given to the Vompany prior to the doing of such act or performing such service, and such charges and any expense incurred by the Corporation shall be payable and payment may be enforced in like manner as taxes. (11) ¿he franchise hereby granted shall be for the term of ten years from and after the final passing of the by-law. Provided that if at any time prior to the expiration of said term of ten years or any renewal thereof, the Company shall. notify the Corporation in writing that it desires a renewal thereof for a further period of ten years, the Council may in its discretion renew the same from time to time før a further period not exceeding ten years, at any one time. 012) Upon the termination of this franchise for any cause whatever, the Company shall remove its mains, pipes or conduits, -5- plant .and works from the said highways and I and and restore such highways and land. to the condition in which the same were privious to such removal and to the satisfaction of the County Councilor its appointee. Provided trat if' s aid mains, pipes or conduits, plant and works are not removed by the Company within one year after the termination of said franchise, all such mains, pipes or con- dui ts, plant and works shall forthwith be f'orfeited to ,and become the absolute property of the Corporation, and may be dealt with and disposed of as the Corporation may think proper, and for the sole use and benefit of the Corporation. (13) Nothing herein contained shall be construed as giving or granting to the.~ompanyan exclusive f'ranchise for any or all the purposes embraced her'ein. (14) This J:!y-law and the Agreement entered into pursuant thereto is sUbject to all statutes, orders or rules made or to be made by lawf'ully constituted authority having jurisdiction in the premises. (15) In case either the Corporationœ the Company deems it necessary or advisable to obtain ratification of said by~law and of the said A~reement by the Legislature of the Province of Ontario the other party will concur and assist in obtaining such ratifi- cation. DATED this 16th day of June A. D. 1948. /¿)$(, - <í4:Jþ~,¡Lthé'-_ t ...~ ... ~....~.....~...... .. . . . .. .. 1:1 !} !,' i T HIS AGREEMENT made in duplicate this day of A. D. 1948, BET WEE N: SUN OIL COMPANY LIMITED, hereinafter called the COMPANY OF THE FIRST PART AND: THE CORPORATION OF THE COUNTY OF ELGIN, hereinafter called the CORPORATION OF THE SECOND PART. WHEREAS the ~orporatioh on the 16th day of June 1948 passed By-law No. 1531 copy of which is ær,ej¡o annexed, and did thereby give its consent so far as. it has jurisdiction to the ~ompany laying, using and maintaining pipes or conduits for tran mitting gasoline, oil, antifreeze, brine or other similar products along, under, in or upon the highways (ami land mentioned in the said J:)y-law, sub ject to the t,erms and conditions in the said By-law contained, and it was therein provided that a formal agreement in duplicate should be prepared in J!1il1I'suance thereof between the ~ompany and the Corporation, and should be executed in due form by both parties thereto, whereby the Company should bind itself, its successors and assigns, duly to carry out, observe and perform the conditions in the said By-law contained, and the Corporation should on its part agr'ee to perform and 0 bserve the provisions of the .said By-law and the said conditions so far as they relate to them and these presents are executed in pursuance of the said proviso; NOW THIS AGREEMENT WITNESSETH that the Company, for itself, its successors and assigns, covenants and agrees with the ~orporation, its successors and assigns, to carry out, observe and perform the conditions in the said By-law contained and on the part of the t:ompany to be performed, observed and complied with, land the Corporation on its part agrees with the Company, its successors and assigns, to observe and perform the provisions of the said rr'·'~7!"MP"'"' .':..:"''''~'·''''··Y'' {, ' i,l By-law and the said conditions so far as the same relate to the Corporation. IN WITNESS WHEREOF the Companyms hereunto affixed its corporate seal under the hands of its proper officers in that behalf~ and the Corporation has hereunto affixed the Corporate seal of the L:aunty of l!:lgin under the hands of the Warden and too Clerk. SIGNED, SEALED & DELIVERED ¡ SUN OIL COMPANY. LIMITED By: ~. TIlE CORPO COUNTY<F ELGIN ¡ ..~ . ~ . . . . . . . . Warden ~ I. .4. II' , -2- (;' I 'i>W!